Is Your Layoff Really Retaliation?
What if what looks like a standard layoff is really hiding an illegal act, such as retaliation, against an employee? Retaliation may be hard to pin down, but it may be actionable if all of the facts line up. Basically, a retaliatory firing is one that occurs because the employee has complained of discrimination or certain other illegal actions by the employer, or because the employee has supported a fellow worker who has made such a complaint.
The complaint can be with a federal or state agency or within the company itself.
Most retaliatory acts fall short of actual firing, but, with the current economy, there may be more pressure on employers to lay people off, which usually means that the perceived weakest links will be cut first. So someone who is being retaliated against in subtle ways in the work place can suddenly be on the cutting room floor, a victim of a retaliatory act that can made to look like a bona fide business decision.
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